What due process rights are contained in the US Constitution?
Part 1
Deliverable Length: 7 page minimum
Prepare a written analysis of the impact of the 4th, 5th, 6th 8th and the 14th Amendments to the US Constitution in processing offenders through the criminal justice system. Explain the concept of due process as applied to the U.S. Constitution.
- What due process rights are contained in the US Constitution? Give examples.
- What is procedural due process and why does it exist?
- Do you think any of these rights should be revoked at any time? Which ones?
- What made you choose those?
- To what extent does procedural due process hinders or strengthens the criminal justice system?
Part 2
Deliverable Length: 4 pages minimum
Assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also has probable cause to believe that the person is hiding in a third person's garage, which is attached to the house.
- What warrants, if any, does the officer need to enter the garage to arrest the defendant? What if the officer is in hot pursuit of the defendant? What if the defendant is known to be injured and unarmed? Provide evidence to support your answer.
- Formulate a set of circumstances in which there is probable cause to search but not probable cause to arrest or in which there is probable cause to both arrest and to search.
- Mr. A walks into a police station, drops three wristwatches on a table, and tells an officer that Mr. B robbed a local jewelry store 2 weeks ago. Mr. A will not say anything else in response to police questioning. A quick investigation reveals that the three watches were among a number of items stolen in the jewelry store robbery.
- Do the police have probable cause to do any or all of the following?
- Arrest Mr. A
- Arrest Mr. B
- Search Mr. A's home
- Search Mr. B's home
If you answered no to any of the above, explain why in detail. If you answered yes to any of them, draft the complaint or affidavit for a warrant or explain why a warrant is not needed.
Be sure to cite all references in APA format.
NO PLAGIARISM!!!!
PLEASE PUT PART 1 AND 2 ON SEPERATE DOCUMENTS
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